Limited Liability Partnership In India

INTRODUCTION

Limited liability partnership is a combination of both partnership and corporation. It has the feature of both these forms. As the name suggests partners have limited liability in the company which means that personal assets of the partners are not used for paying off the debts of the company. Nowadays it has become very popular form of business as many entrepreneurs are opting this. There are a number of partners in the firm and hence they are not liable or responsible for others misconduct. Every one is liable for their own acts. All limited liability partnership is governed under the limited liability partnership act of 2008. However in India LLP was introduced in April 2009.

Difference Between LLP And Traditional Partnership Firm

It is a separate legal entity distinct from its owners. It can enter into a contract and acquire property in its name. LLP form is not just prevailing in India. It is also seen in countries like the United Kingdom, Australia etc.

The basic difference between LLP and Partnership is with regard to the Liability of the Partners.

In a Partnership Firm, every partner is liable, jointly with all the other partners and also severally for all acts of the firm done while he is a Partner.

However, under the LLP structure, liability of the partner is limited only to his agreed contribution. Further, no partner is liable on account of the independent or unauthorized acts of other partners, thus allowing individual partners to be shielded from joint liability created by another partner’s wrongful acts or misconduct.

Advantages Of Limited Liability Partnership

  1. Easy to form- Forming an LLP is an easy process. It is not complicated and time consuming like the process of a company. The minimum amount of fees for incorporating an LLP is Rs 500 and the maximum amount which can be spent is Rs 5600.
  2. Liability- The partners of the LLP is having limited liability which means partners are not liable to pay the debts of the company from their personal assets. No partner is responsible for any other partner misbehaves or misconduct.
  3. Perpetual succession- The life of the Limited Liability Partnership is not affected by death, retirement or insolvency of the partner. The LLP will get winded up only as per provisions of the act of 2008.
  4. Management of the company- All the decisions and various management activities are seen and done by the directors of the company. Shareholders receive very less power as compared to the board of directors.
  5. Easy transferability of ownership- There is no restriction upon joining and leaving the LLP. It is easy to admit as a partner and to leave the firm or to easily transfer the ownership on others.
  6. Taxation- Yes, it is the benefit of LLP. Limited liability partnership is exempted from various taxes such as dividend distribution tax and minimum alternative tax. The rate of tax on Limited Liability Partnership is less than as compared to the company.
  7. No compulsory audit required- Every business has to appoint an auditor for checking the internal management of the company and its accounts. However, in the case of LLP, there is no mandatory audit required. The audit is required only in those cases where the turnover of the company exceeds Rs 40 lakhs and where the contribution exceeds Rs 25 lakhs.

Disadvantages of Limited Liability Partnership

  1. Not covered all states- Due to various tax benefits and provisions many states restricts the formation of LLP in their states. This leads to a disadvantage as many states don’t allow their entrepreneurs to form this.
  2. Less credibility- One of the major demerits of Limited Liability Partnership is that many people do not consider this as a credible business. People still trust more on company or partnerships.
  3. Partners not consulting- Partners of the Limited Liability Partnership don’t consult each other in case of decisions and agreement.
  4. Transfer of interest- Though interest and ownership can be transferred but it usually takes long procedure. Various formalities are required to comply with the provisions of the act.
  5. Lack of recognition- As LLP is introduced in India in 2009 only it is not recognized by all. Due to its less recognition, it leads to hindrance in smooth functioning of the firm. People are not likely to form LLP.

Overview of Limited Liability Partnership Registration

Limited Liability Partnership is commonly known as LLP. This is a special form of business structure that has the features of a traditional partnership and the benefits of limited liability are enjoyed by the partners of the LLP.

This form of business entity is preferred by individuals over other forms of business structures as the amount of flexibility offered by this form of entity outweighs the other forms of entities.

This form of business structure is evolved and used in a different form of common law jurisdictions such as the United Kingdom, South Africa and New Zealand.

Usually, law firms, accounting firms, private equity, venture capitalist, architects and real estate firms go for this form of entity. Some of the benefits offered by this business structure is limitation of liability and also ease of compliance is obtained by using this form of business structure. Hence individuals and entrepreneurs prefer going in for limited liability partnership registration. Another added advantage for LLP formation is the ease of conducting business.

Conclusion

  • Limited Liability Partnership is the most flexible form of business and offers a much-secured business environment to the partners.
  • The latest amendments proposed through the Bill will provide coverage to a lot of small and large enterprises and provide the benefits of a company as well as traditional partnership firms.
    • However, in order to provide more opportunities to the nascent businesses, more ease in the norms is required in terms of easing access to Angel investors and issuing ESOPs.

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